Detroit Trademark Attorneys: Can I Trademark a Slogan or Tag-Line?

September 5, 2019

Detroit Trademark Attorneys: What Is a Slogan?

The US Patent and Trademark Office (USPTO) relies on Webster's Dictionary in Sec. 1213.05(b)(i) of the Trademark Manual of Examining Procedure (TMEP) as "a brief attention-getting phrase used in advertising and promotion" and "a catch phrase used to advertise a product."

It is, in other words, a collection of words with a commercial purpose: identifying the source of a a product or service.

Slogans have an "attention-getting" purpose and so, although a collection of individual words, are treated as a unitary mark.

When Can a Slogan or Advertising Phrase Be Trademarked?

A slogan can be trademarked (which is to say, published on the Federal Register of trademarks) when it is NOT generic, merely descriptive, merely informational,and when it is being used in a trademark sense (or used as a trademark)--to advertise a product or service in the stream of interstate commerce.

Trademark Registration for Slogans: Generic Marks

A generic trademark is a mark that has lost its unique reference to a specific manufacturer or service provider as a result of its popularity or proliferation in the market over a long period of time.

A generic trademark no longer identifies one owner in particular. Rather, it has come to identify an entire class of products.

Trademark Registration for Slogans: Merely Descriptive Marks

A slogan that "merely describes" the good or services to which it is connected is not registrable given the USPTO's concern that such marks marks may inhibit commercial competition.

An example might be something along the lines of, "A Carbonated Soda!"

Trademark Registration for Slogans: Merely Informational Marks

A slogan that fails to function as a mark to indicate its source is not registrable. This can occur when consumers would perceive the mark as merely conveying general information about the goods or services or as an informational message rather than as a means of identifying the source of those good or services.

A merely informational mark fails to distinguish those goods and services from any others of a like type.

Trademark Registration for Slogans: Used In a Trademark Sense

Use of the slogan or advertising phrase "in a trademark sense" means that the mark has actually been placed onto a product or its packaging or hang-tag and delivered to an actual customer.

Use of the slogan in advertising only will not constitute "use in a trademark sense."

Trademark Attorney - The Doctrine of Foreign Equivalents holds that trademark registration shall not be granted to a name or word that is confusingly similar to a mark in another common modern language that is already registered. The Hilla Law Firm - (734) 743-1489

Michigan Trademark Attorney: Registering a Federal trademark for a food product requires selection of an appropriate name, a proper trademark clearance search, and an application to the USPTO with the assistance of a knowledgeable trademark attorney - The Hilla Law Firm, PLLC (734) 743-1489

Michigan Trademark Attorneys: A full clearance search prior to filing a Federal trademark application is highly advisable to ensure both that your proposed mark is available and that you are not infringing another's. Call Hilla Law at (734) 743-1489 to discuss your trademark matter. Free, virtual consultations!

Detroit Trademark Lawyers - Certification trademarks are registered marks, insignias, logos, or designs used by third parties to demonstrate to consumers that they have met a certified standard - Hilla Law (734) 743-1489

Detroit Trademark Attorneys - Trademark Applications filed as intent-to-use will need to prove use in commerce within 6 months of allowance, with a limited number of extensions available. The Hilla Law Firm - (734) 743-1489

The Hilla Law Firm did an excellent job handling the trademark registration for my online business. In my case, the process turned out to be complicated as another business registered for a similar name. The Hilla Law Firm expertly handled the situation and my trademark was approved!
Kelly

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